You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID#132186.

The Office of the Governor received a request for "all files, notes and accumulation of
documents involved in the Application and Appointment process for the 395th Judicial
District Court in Williamson County, Texas." You claim that the requested information is
excepted from disclosure under sections 552.101 and 552.111 of the Government Code. We
have considered the exceptions you claim and reviewed the submitted information.

You assert that the submitted document marked as Exhibit A is excepted from disclosure
under section 552.111 of the Government Code. Section 552.111 excepts from disclosure
"an interagency or intraagency memorandum or letter that would not be available by law to
a party in litigation with the agency." In Open Records Decision No. 615 (1993), this office
reexamined the predecessor to the section 552.111 exception in light of the decision in Texas
Department of Public Safety v. Gilbreath, 842 S.W.2d 408 (Tex. App.--Austin 1992, no
writ), and held that section 552.111 excepts only those internal communications consisting
of advice, recommendations, opinions, and other material reflecting the policymaking
processes of the governmental body. An agency's policymaking functions do not encompass
internal administrative or personnel matters, and disclosure of information about such
matters will not inhibit free discussion of policy issues among agency personnel. Open
Records Decision No. 613 (1993). An agency's policymaking functions do include,
however, administrative and personnel matters of broad scope that affect the governmental
body's policy mission. See Open Records Decision No. 631 (1995). Section 552.111 does
not protect facts and written observation of facts and events that are severable from advice,
opinions, and recommendation. Open Records Decision No. 615 (1993). If, however, the
factual information is so inextricably intertwined with material involving advice, opinion,
or recommendation as to make separation of the factual data impractical, that information
may be withheld under section 552.111. Open Records Decision No. 313 (1982). In this
instance, we agree that portions of Exhibit A contain advice, opinion and recommendation
relating to policymaking. We have marked the information in Exhibit A that your office may
withhold pursuant to section 552.111. The remaining information in Exhibit A must be
released.

You also assert that portions of the submitted document marked as Exhibit B are protected
by common law privacy under section 552.101 of the Government Code. Section 552.101
protects "information considered to be confidential by law, either constitutional, statutory,
or by judicial decision," including information protected by the common law right of
privacy. Industrial Found. v. Texas Indus. Accident Bd., 540 S.W.2d 668, 683-85 (Tex.
1976), cert. denied, 430 U.S. 931 (1977). The doctrine of common law privacy protects
information if it is highly intimate or embarrassing such that its release would be highly
objectionable to a reasonable person and the public has no legitimate interest in it. Id.

The types of information considered intimate and embarrassing by the Texas Supreme Court
in Industrial Foundation include information relating to sexual assault, pregnancy, mental
or physical abuse in the workplace, illegitimate children, psychiatric treatment of mental
disorders, attempted suicide, and injuries to sexual organs. Id. at 683. In Open Records
Decision No. 262 (1980), this office stated that information about a patient's injury or illness
might be protected under common law privacy if such injury or illness relates to drug
overdoses, acute alcohol intoxication, gynecological or obstetrical illnesses, convulsions and
seizures, or emotional and mental distress. See also Open Records Decision No. 539
at 5 (1990) (information concerning emotional state may be protected by common law
privacy). After careful review, we agree that the portions of Exhibit B that you have marked
are excepted from disclosure by a common law right of privacy under section 552.101;
however, we have marked additional information in Exhibit B that is also protected under
common law privacy. You must withhold these marked portions from public disclosure.
The remaining information in Exhibit B must be released.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the
full benefit of such an appeal, the governmental body must file suit within 10 calendar days.
Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling. Id.
§ 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney. Id.
§ 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Dep't of Public Safety v. Gilbreath, 842 S.W.2d 408, 411
(Tex. App.-Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.